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High quality commercial UCC lien mediation law services by Lincoln and Morgan

November 10, 2022

Asset Location law firm by Lincoln & Morgan San Diego, CA : We perform in-depth and detailed financial investigations on each UCC lien enforcement matter. This includes both the commercial entity as well as the guarantors, landlords and successor entities involved. This gives us the confidence and knowledge needed to pursue each collateral investigation. In the event the investigation reveals possible discrepancies in the borrower’s financial documents, we can then notify the lien holder so that a decision can be made on possible avenues of remedy. Read additional info at Lincoln & Morgan.

Full Service International Department: We (Lincoln and Morgan) have senior investigators with many years of experience that have recovered in over 70 countries and have the means and capabilities to do so in over 200 countries worldwide. We (Lincoln & Morgan) maintain a multilingual staff and offer translating services in over 100 countries. Flexibility in Approach: Historical studies conducted by the U.S. Department of Economics reveal that each day after a receivable becomes 90 days past due, you have a problem, regardless of the reasons provided by the customer. We (Lincoln and Morgan) can do the “soft audit” mediation for your existing clients through a full-scale litigation recovery effort.

Preparation: Having agreed to mediate, the parties will need to appoint a mediator and draw up the mediation agreement. This agreement will evidence the fact that the parties have agreed to resolve their differences by mediation, and record the date and venue of the mediation, the choice of mediator and who will attend. Other issues it should cover include costs of the mediation and how these will be split between the parties, and the fact that the mediation is confidential and without prejudice. In terms of preparing for the mediation itself, the parties exchange written submissions together with any supporting documents in advance. These are usually summaries of the parties’ respective legal cases and commercial positions.

Delinquent accounts are the brakes that bring companies to a screeching halt. The economic exigencies of recent years has pushed many companies to extend the time they will permit an accounts receivable to age prior to instituting formal recovery efforts. Based on the survey of members of the Commercial Recovery Agency Association, this loosening of payment requirements is a severe negative impact on company’s cash flow and profits. In fact in many cases it leads to companies struggling financially and even going out of business altogether.

Merchant cash advance companies use these liens as weapons to coerce you into paying a debt that you may not even owe them. A UCC lien is supposed to be a shield, to protect the funder from businesses who take money and try to run away with it, without paying the funder back. However, if a merchant cash advance company claims that you have defaulted, even if you have not, the company can still make the same demand, using this lien as a sword rather than a shield.

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